Terror in Spain

East Timor launches court proceedings against Australia over ASIO raid

Updated
Thu 19 Dec 2013, 10:54 AM AEDT

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East Timor claims the raid on the offices of Bernard Collaery by ASIO violated its sovereignty.

www.cclaw.com.au

East Timor has launched proceedings against Australia in the International Court of Justice, demanding the return of documents seized by ASIO in a raid on a Canberra lawyer's office.

It contends that the raid was a violation of its sovereignty and is asking the International Court to declare that the documents and data seized be immediately returned.

On December 3, ASIO raided the office and house of lawyer Bernard Collaery, who is representing East Timor against Australia in a case before the Permanent Court of Arbitration in The Hague.

The East Timorese allege the Australian Secret Intelligence Service (ASIS) spied on the Timorese cabinet in Dili during the negotiation process for a valuable oil and gas treaty in 2004.

They claim that because of the alleged spying, Australia enjoyed the advantage in the negotiations and want the treaty they signed, worth $40 billion, overturned by the Court of Arbitration.

East Timor has now asked the International Court of Justice that Australia provide a list of all the documents seized within five days and it "destroy beyond recovery every copy of such documents and data that is in Australia's possession or control".

It has also asked that Australia formally apologise and cover its legal costs.

Foreign Minister Julie Bishop says it would be inappropriate to speculate on active legal proceedings.

"Timor Leste is now an independent nation and it can take whatever action it wishes to protect its national interest," she said.

"Likewise we can take action to protect our national interest and we should respect each other for that."